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Employment Law

Former employee pleads claim for FMLA retaliation (access required)

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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Failure to exhaust remedies prompts dismissal (access required)

Where a plaintiff  failed to exhaust his administrative remedies, to timely file his complaint and to properly plead claims, his complaint is dismissed. Background Plaintiff is a 46-year old African-American man who suffers from osteoporosis in his hips and sleep apnea. ...

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Lack of protected activity prompts dismissal (access required)

A former employee of a county sanitation department failed to sufficiently allege that he engaged in protected activity as defined in the Virginia Fraud Against Taxpayers Act. Background On June 1, 2006, Frederick County Sanitation Authority hired Bryan Atchariyakornchai to ...

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Truck operator stated ADA claim (access required)

Because plaintiff was not required in an administrative process, and plausibly alleged he was a qualified individual with a disability, the court denied the employer’s motion to dismiss the ADA complaint. Background Defendant, Norfolk Southern Railway Co. employs Robert Brunelle ...

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Dicta on sexual orientation discrimination is suspect (access required)

Dicta from the Fourth Circuit that Title VII doesn’t cover discrimination based on sexual orientation is questionable, but the plaintiff failed to plead sufficient facts to state claims against Virginia Tech. Background Brian Jones, who is openly gay, began working ...

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Court dismisses discrimination and retaliation claims asserted by doctor (access required)

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

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Default judgment entered against employer for unpaid pension contributions (access required)

An employer who failed to make pension contributions or to respond to pension funds’ lawsuit was ordered to repay the funds with interest and pick up attorney and auditing fees. Background This action is brought under Sections 502 and 515 ...

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